Fast Track - Presidential Trade Negotiating Authority

“Fast Track” is the process that gives the executive branch the authority to negotiate and write trade agreements and delegates away Congress’ constitutional power to set the terms of U.S. trade policy. Fast Track creates special rules for considering trade agreements by allowing the executive branch to sign an agreement before Congress votes on it and only gives Congress 90 days to vote on the trade deal.

Under Fast Track, the president is authorized to negotiate trade agreements with foreign countries without consulting Congress or state legislators. After the executive branch locks down the terms of the deal and writes the implementing legislation, Congress is only permitted a yes or no vote, while states are virtually left out of the process. Thus, state and congressional officials elected to represent the public interest have no role in the process but to approve or disapprove the whole package.

Fast Track renewal was slipped through Congress at midnight in 2002 by only two votes. On June 30, 2007, the current grant of Fast Track, now called “Trade Promotion Authority” by its supporters, expired. Fast Track is not needed to approve trade agreements, a fact proven by the dozens of trade agreements that have been passed without its use (such as the Jordan FTA, China PNTR, etc.). Fast Track unnecessarily creates a situation where negotiators cannot be held accountable by the public, and legislators are denied their constitutional authority to set the terms of trade agreements.

In recent years, the United States Trade Representative (USTR) has used Fast Track to push dozens of controversial pacts through Congress including: the Central America Free Trade Agreement (CAFTA), and dozens of trade agreements with countries such as Chile, Singapore, Morocco, Australia, Bahrain and Oman. Trade negotiations have been accelerated to an alarming speed, denying legislators and the public the appropriate time to consider the serious ramifications of these agreements.

Public Citizen, Inc. and Public Citizen Foundation

Together, two separate corporate entities called Public Citizen, Inc. and Public Citizen Foundation, Inc., form Public Citizen. Both entities are part of the same overall organization, and this Web site refers to the two organizations collectively as Public Citizen.

Although the work of the two components overlaps, some activities are done by one component and not the other. The primary distinction is with respect to lobbying activity. Public Citizen, Inc., an IRS § 501(c)(4) entity, lobbies Congress to advance Public Citizen’s mission of protecting public health and safety, advancing government transparency, and urging corporate accountability. Public Citizen Foundation, however, is an IRS § 501(c)(3) organization. Accordingly, its ability to engage in lobbying is limited by federal law, but it may receive donations that are tax-deductible by the contributor. Public Citizen Inc. does most of the lobbying activity discussed on the Public Citizen Web site. Public Citizen Foundation performs most of the litigation and education activities discussed on the Web site.

You may make a contribution to Public Citizen, Inc., Public Citizen Foundation, or both. Contributions to both organizations are used to support our public interest work. However, each Public Citizen component will use only the funds contributed directly to it to carry out the activities it conducts as part of Public Citizen’s mission. Only gifts to the Foundation are tax-deductible. Individuals who want to join Public Citizen should make a contribution to Public Citizen, Inc., which will not be tax deductible.

To become a member of Public Citizen, click here. To become a member and make an additional tax-deductible donation to Public Citizen Foundation, click here.